Practice point: The Appellate Division determined that, contrary to the defendants' contentions, the complaint, in substance,
alleged a negligence cause of action; it did not allege the intentional
tort of assault and battery. As such, the complaint was not time-barred,
as it was governed by the three-year statute of limitations applicable
to negligence, pursuant to CPLR 214[5], not the one-year statute of limitations applicable to assault and battery, pursuant to CPLR 215[3].
Student note: In classifying a cause of action for statute of limitations purposes,
the controlling consideration is not the form in which the cause of
action is stated, but its substance.
Case: Faiella v. Tysens Park Apts., LLC, NY Slip Op 07008 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: A Labor Law § 240[1] claim.
